§ 28-32-01 — Definitions

North Dakota § 28-32-01

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

In this chapter, unless the context or subject matter otherwise provides:
1. "Adjudicative proceeding" means an administrative matter resulting in an agency
issuing an order after an opportunity for hearing is provided or required. An
adjudicative proceeding includes administrative matters involving a hearing on a
complaint against a specific-named respondent; a hearing on an application seeking a
right, privilege, or an authorization from an agency, such as a ratemaking or licensing
hearing; or a hearing on an appeal to an agency. An adjudicative proceeding includes
reconsideration, rehearing, or reopening. Once an adjudicative proceeding has begun,
the adjudicative proceeding includes any informal disposition of the administrative
matter under section 28-32-22 or another specific statute or rule, unless the matter has
been specifically converted to another type of proceeding under section 28-32-22. An
adjudicative proceeding does not include a decision or order to file or not to file a
complaint, or to initiate an investigation, an adjudicative proceeding, or any other
proceeding before the agency, or another agency, or a court. An adjudicative
proceeding does not include a decision or order to issue, reconsider, or reopen an
order that precedes an opportunity for hearing or that under another section of this
code is not subject to review in an adjudicative proceeding. An adjudicative proceeding
does not include rulemaking under this chapter.
2. "Administrative agency" or "agency" means each board, bureau, commission,
department, or other administrative unit of the executive branch of state government,
including one or more officers, employees, or other persons directly or indirectly
purporting to act on behalf or under authority of the agency. An administrative unit
located within or subordinate to an administrative agency must be treated as part of
that agency to the extent it purports to exercise authority subject to this chapter. The
term administrative agency does not include:
a. The office of management and budget except with respect to rules relating to
conduct on the capitol grounds and in buildings located on the capitol grounds
under section 54-21-18, rules relating to the classified service as authorized
under section 54-44.3-07, and rules relating to state purchasing practices as
required under section 54-44.4-04.
b. The adjutant general with respect to the department of emergency services.
c. The council on the arts.
d. The state auditor.
e. The department of commerce with respect to the division of economic
development and finance.
f. The dairy promotion commission.
g. The education factfinding commission.
h. The kindergarten through grade twelve education coordination council.
i. The board of equalization.
j. The board of higher education.
k. The Indian affairs commission.
l. The industrial commission with respect to the activities of the Bank of North
Dakota, North Dakota housing finance agency, public finance authority, North
Dakota mill and elevator association, North Dakota farm finance agency, the
North Dakota transmission authority, and the North Dakota pipeline authority.
m. The department of corrections and rehabilitation except with respect to the
activities of the division of adult services under chapter 54-23.4.
n. The pardon advisory board.
o. The parks and recreation department.
p. The parole board.
q. The state fair association.

r. The attorney general with respect to activities of the state toxicologist and the
state crime laboratory.
s. The administrative committee on veterans' affairs except with respect to rules
relating to the supervision and government of the veterans' home and the
implementation of programs or services provided by the veterans' home.
t. The industrial commission with respect to the lignite research fund except as
required under section 57-61-01.5.
u. The attorney general with respect to guidelines adopted under section 12.1-32-15
for the risk assessment of sexual offenders, the risk level review process, and
public disclosure of information under section 12.1-32-15.
v. The commission on legal counsel for indigents.
w. The attorney general with respect to twenty-four seven sobriety program
guidelines and program fees.
x. The industrial commission with respect to approving or setting water rates under
chapter 61-40.
y. The board of university and school lands with respect to the adjudicative
proceeding requirements and procedures under sections 28-32-21 through